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Remorse Penal Theory And Sentencing
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Book Synopsis Remorse, Penal Theory and Sentencing by : Hannah Maslen
Download or read book Remorse, Penal Theory and Sentencing written by Hannah Maslen and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.
Book Synopsis Remorse and Criminal Justice by : Steven Tudor
Download or read book Remorse and Criminal Justice written by Steven Tudor and published by Routledge. This book was released on 2021-11-29 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multi-disciplinary collection brings together original contributions to present the best of current thinking about the nature and place of remorse in the context of criminal justice. Despite the widespread and long-standing nature of interest in offender remorse, the topic has until recently been peripheral in academic studies. The authors are scholars from North America, the United Kingdom, Europe, South Africa and Australia, from diverse academic disciplines. They reflect on the role of remorse in law, for better or for worse; on how expressions of remorse are affected by the legal contexts in which they arise; and on the impact of these expressions on the individual, the court and the community. The work is divided into four parts – Part I Judging Remorse addresses issues concerning the task of assessing remorse in the courtroom, usually prior to determining sentence. Part II Remorse Beyond the Courtroom explores the place and significance of remorse in various post-court settings. Part III Remorse, War and Social Trauma addresses remorse in the context of political violence and social trauma in the former Yugoslavia and South Africa. Finally, Part IV Reflections seeks to underscore the multi-disciplinary and inter-disciplinary nature of the collection as a whole, through personal and disciplinary reflections on remorse. The work provides a showcase for how diverse academic disciplines can be brought together through a focus on a common topic. As such, the collection will become a standard reference work for further research across a range of disciplines and promote inter-disciplinary dialogue.
Book Synopsis Remorse, Penal Theory and Sentencing by : Hannah Maslen
Download or read book Remorse, Penal Theory and Sentencing written by Hannah Maslen and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.
Book Synopsis Retributivism Has a Past by : Michael Tonry
Download or read book Retributivism Has a Past written by Michael Tonry and published by OUP USA. This book was released on 2011-12-12 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays by major figures in punishment theory, law, and philosophy that reconsiders the popularity and prospects of retributivism, the notion that punishment is morally justified because people have behaved wrongly.
Download or read book Remorse written by Michael Proeve and published by Routledge. This book was released on 2016-04-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remorse is a powerful, important and yet academically neglected emotion. This book, one of the very few extended examinations of remorse, draws on psychology, law and philosophy to present a unique interdisciplinary study of this intriguing emotion. The psychological chapters examine the fundamental nature of remorse, its interpersonal effects, and its relationship with regret, guilt and shame. A practical focus is also provided in an examination of the place of remorse in psychotherapeutic interventions with criminal offenders. The book's jurisprudential chapters explore the problem of how offender remorse is proved in court and the contentious issues concerning the effect that remorse - and its absence - should have on sentencing criminal offenders. The legal and psychological perspectives are then interwoven in a discussion of the role of remorse in restorative justice. In Remorse: Psychological and Jurisprudential Perspectives, Proeve and Tudor bring together insights of neighbouring disciplines to advance our understanding of remorse. It will be of interest to theoreticians in psychology, law and philosophy, and will be of benefit to practising psychologists and lawyers.
Book Synopsis Crime, Shame and Reintegration by : John Braithwaite
Download or read book Crime, Shame and Reintegration written by John Braithwaite and published by Cambridge University Press. This book was released on 1989-03-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.
Book Synopsis Sentencing: A Social Process by : Cyrus Tata
Download or read book Sentencing: A Social Process written by Cyrus Tata and published by Springer Nature. This book was released on 2019-12-28 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks how we should make sense of sentencing when, despite huge efforts world-wide to analyse, critique and reform it, it remains an enigma.Sentencing: A Social Process reveals how both research and policy-thinking about sentencing are confined by a paradigm that presumes autonomous individualism, projecting an artificial image of sentencing practices and policy potential. By conceiving of sentencing instead as a social process, the book advances new policy and research agendas. Sentencing: A Social Process proposes innovative solutions to classic conundrums, including: rules versus discretion; aggravating versus mitigating factors; individualisation versus consistency; punishment versus rehabilitation; efficient technologies versus the quality of justice; and ways of reducing imprisonment.
Book Synopsis Crime, Guilt, and Punishment by : C. L. Ten
Download or read book Crime, Guilt, and Punishment written by C. L. Ten and published by Oxford University Press, USA. This book was released on 1987 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considering philosophical theories of punishment in light of both abstract arguments and factual evidence about the effects of punishing offenders, this book links the moral justification of punishment by the state to more general issues about the nature of moral disagreements and our obligations to obey the law. Ten applies his discussion to problems about the punishment of a variety of offenders--the mentally ill and dangerous, Nazi war criminals, "negligent" rapists and drivers, and others--and considers several related questions about crime and punishment.
Book Synopsis An Essay on Crimes and Punishments by : Cesare Beccaria
Download or read book An Essay on Crimes and Punishments written by Cesare Beccaria and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Download or read book Answering for Crime written by R A Duff and published by Bloomsbury Publishing. This book was released on 2007-11-16 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.
Book Synopsis Criminal Punishment and Restorative Justice by : David J. Cornwell
Download or read book Criminal Punishment and Restorative Justice written by David J. Cornwell and published by Waterside Press. This book was released on 2006-02-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Criminal Punishment and Restorative Justice author David J. Cornwell draws on bedrock issues in contemporary criminology and penology in order to contrast punitive and restorative responses to crime. He then looks at the forces that serve to constrain more emphatic adoption of restorative methods and - against a backdrop of increasing worldwide reliance on custody, 'touch solutions' and punitive thinking - examines the claims of restorative justice to mainstream adoption by governments. The book also provides an international perspective on the needs of victims and offenders alike and assesses how the worldwide trend towards punitive methods can be reversed by challenging offenders to take responsibility for their offences and to make practical reparation for the harm that they have caused. Such developments, the author argues, would serve to make 'corrections' more effective, civilised, humane, pragmatic, 'non-fanciful' and less driven by the often ill-considered politics of the moment.
Book Synopsis Showing Remorse by : Richard Weisman
Download or read book Showing Remorse written by Richard Weisman and published by Routledge. This book was released on 2016-04-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether or not wrongdoers show remorse and how they show remorse are matters that attract great interest both in law and in popular culture. In capital trials in the United States, it can be a question of life or death whether a jury believes that a wrongdoer showed remorse. And in wrongdoings that capture the popular imagination, public attention focuses not only on the act but on whether the perpetrator feels remorse for what they did. But who decides when remorse should be shown or not shown and whether it is genuine or not genuine? In contrast to previous academic studies on the subject, the primary focus of this work is not on whether the wrongdoer meets these expectations over how and when remorse should be shown but on how the community reacts when these expectations are met or not met. Using examples drawn from Canada, the United States, and South Africa, the author demonstrates that the showing of remorse is a site of negotiation and contention between groups who differ about when it is to be expressed and how it is to be expressed. The book illustrates these points by looking at cases about which there was conflict over whether the wrongdoer should show remorse or whether the feelings that were shown were sincere. Building on the earlier analysis, the author shows that the process of deciding when and how remorse should be expressed contributes to the moral ordering of society as a whole. This book will be of interest to those in the fields of sociology, law, law and society, and criminology.
Book Synopsis Sentencing Guidelines by : Andrew Ashworth
Download or read book Sentencing Guidelines written by Andrew Ashworth and published by Oxford University Press. This book was released on 2013-07-18 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do sentencing guidelines affect judicial practice? Can public opinion influence the development of these guidelines and what role does the victim have? How do barristers use the guidelines in practice? These questions and more are addressed in this volume examining the English sentencing guidelines and how they function.
Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Book Synopsis Criminal Justice and The Ideal Defendant in the Making of Remorse and Responsibility by : Stewart Field
Download or read book Criminal Justice and The Ideal Defendant in the Making of Remorse and Responsibility written by Stewart Field and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates how defendants are assessed by criminal justice decisionmakers, such as judges, lawyers, probation officers, parole board members and those involved in restorative justice. What attitudes and emotions are defendants expected to show? How are these expectations communicated? The book argues that defendants, at various stages of the criminal justice process, are expected to show a (more or less) free acceptance of guilt and individual responsibility along with a display of 'appropriate' emotions, ideally including 'genuine' remorse. It examines why such expressions of individual responsibility and remorse are so important to decision-makers and the state. With contributors from across the world, the book opens new comparative possibilities and research agendas.
Book Synopsis Justice through Apologies by : Nick Smith
Download or read book Justice through Apologies written by Nick Smith and published by Cambridge University Press. This book was released on 2014-03-24 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this follow up to I Was Wrong: The Meanings of Apologies, Nick Smith expands his ambitious theories of categorical apologies to civil and criminal law. After rejecting court-ordered apologies as unjustifiable humiliation, this book explains that penitentiaries were originally designed to bring about penance - something like apology - and that this tradition has been lost in the assembly line of mass incarceration. Smith argues that the state should modernize these principles and techniques to reduce punishments for offenders who demonstrate moral transformation through apologizing. Smith also explains the counterintuitive situation whereby apologies come to have considerable financial worth in civil cases because victims associate them with priceless matters of the soul. Such confusions allow powerful wrongdoers to manipulate perceptions to disastrous effect, such as when corporations or governments assert that apologies do not equate to accepting blame or require reform or redress.
Book Synopsis Exploring Sentencing Practice in England and Wales by : J. Roberts
Download or read book Exploring Sentencing Practice in England and Wales written by J. Roberts and published by Springer. This book was released on 2015-02-27 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the theory and practice of sentencing in England and Wales, exploring issues such as the role of previous convictions, offender remorse and sentencing female offenders, as well as drawing upon a new and unique source of data from the Crown courts.
